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PEOPLE v. TATE

No. 82SA532.

657 P.2d 955 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. John Allen TATE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 7, 1983.

Attorney(s) appearing for the Case

Stuart A. VanMeveren, Dist. Atty., Stephen J. Roy, Deputy Dist. Atty., Fort Collins, for plaintiff-appellant.

Banowetz, Liggett & Moore, Thomas H. Moore, Fort Collins, for defendant-appellee.

QUINN, Justice.

The People in this interlocutory appeal challenge the ruling of the district court suppressing a screwdriver seized by a police officer from the defendant, John A. Tate, and a statement made by him to the officer shortly after the seizure. The district court concluded that there was no probable cause to believe that the defendant committed a crime and, therefore, the defendant's arrest was unlawful and any evidence resulting therefrom must be suppressed...

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